VELU PILLAI, J. : This is an appeal under section 116-A of the Representation of the People Act, 1951, against the order of the Election Tribunal, Quilon, by which it dismissed the appellants election petition, for declaring him to have been duly elected to the State Assembly from Chadayamangalam Constituency on holding the election for the first respondent or the respondent for short, the returned candidate, to be void. The electoral roll was compiled under the provisions of the Representation of the People Act, 1950 and the Representation of the People (Preparation of Electoral Rolls) Rules, 1956, which may be referred to hereafter as the 1950 Act and the Rules respectively, the qualifying date being January 1, 1959. The election and the trial of the election petition were held under the provisions of the Representation of the People Act, 1951 as amended in the year 1958, which may be referred to as the Act. The respondent was declared elected by a majority of 122 votes, having secured 25412 votes as against the appellants 25290 votes.

Respondents 2 and 3 are the two other candidates who were also defeated, but they have not taken part in the proceedings in this appeal. T